Professional Documents
Culture Documents
Students Name
Course
University
Professor Name
Date
2
History
Australian Aboriginal peoples constitute a multitude of tribal and cultural groups. Their
presence on the Australian continental land mass can go back 60,000 years. They were nomads
yet lived in tribal, territorial land; oral traditions were used to identify these territories (Raphael,
1998). In 1788, Sydney became the official site of the first white colony in Australia, the Colony
of New South Wales. Although there had been other non-Aboriginal explorers, such as Dutch
and Portuguese, Captain James Cook claimed Australia for the British in 1770. In claiming this
territory for the British and conquering it, it was considered "Terra Nullius" (a place of no
peoples); this fundamental notion must be incorporated into any analysis of intergenerational
dimensions of trauma, this meant that white conquerors denied Aboriginal people's humanity and
their entitlement to the land they had occupied for millennia from the very beginning
(Behrendt,2008). Due to its profound impact on Aboriginal people's well-being and its ongoing
ramifications through generations, the loss of land provides a powerful context for understanding
The Department of Justice and Equality's relationship with Australia's First Nations
People, especially the Aboriginal communities, has been tense throughout the country's history.
This complicated and tense relationship has been fashioned by centuries of abuse, ranging from
discrimination and structural injustice. Domestic violence protection orders are often the first
contact that Aboriginal and Torres Strait Islander people have with the criminal court system
(Douglas & Fitzgerald, 2018), revealing inequalities in the administration and implementation of
these orders, which lead to the disproportionate arrest and prosecution of Aboriginal people. The
3
Australian Human Rights Commission's report (2014) provides an essential context for the
longstanding difficulties Aboriginal people with disabilities have overcome in the legal system.
The analysis shows that this underrepresented group faces barriers to justice due to
discriminatory behaviours and a lack of culturally relevant support services. The idea that
Indigenous Australians are making their "last stand" in Australia is called into question by
McMillan's (2018) investigation of the conditions of silence and the effect of public discourse on
prolonging settler colonialism in that country. Furniss (2017) emphasizes how the prevailing
narrative marginalized Aboriginal people and their search for Justice by erasing their voices and
experiences. Nettelbeck (2016) sheds light on the challenges Aboriginal communities experience
when exercising their legal rights and the patterns of resistance they have devised to confront
systematic injustices.
In the Stolen Generations' abuse from the late 1800s to the 1970s: the Australian
government forcefully removed Aboriginal children from their families and communities
(Haebich, 1998). This approach was aggressively supported by the Department of Justice and
Equality through state and federal authorities. These actions severed familial relationships and
caused intergenerational trauma that still affects Aboriginal culture today. The 1966 Wave Hill
Walk-Off is a landmark example of the police's fraught relationship with First Nations residents.
Aboriginal stockmen and their families in the Northern Territory, led by Vincent Lingiari, staged
a protest about poor working conditions and land rights violations. Tensions escalated because
law enforcers from the Department of Justice and Equality responded violently; this marked a
watershed moment, giving momentum to the land rights movement and spotlighting the
Equality's abuse of Aboriginal people goes beyond isolated incidents. Inequalities in today's
4
criminal justice system continue to be a problem. Systemic biases and socioeconomic hardship
contribute to the disproportionate number of Aboriginal people behind bars (Stanley, 2022). The
connection between police and First Nations people is strained due to over-policing and harsh
Aboriginal communities have deep-seated fear and apprehension due to the legal system's
interactions with law enforcement are generally marked by anxiety, fear, and a sense of injustice.
According to Douglas and Fitzgerald (2018), over-policing Aboriginal communities and the
disproportionate use of force against Aboriginal people contribute to this strained relationship.
Outcome
Intergenerational trauma
Aboriginal and Torres Strait Islander communities have plagued law enforcement throughout the
mistrust and dread (Mazerolle, 2003). Early interactions between colonizers and Indigenous
peoples were frequently violent, destructive, and dehumanizing (Atkinson, 2002). The effects of
these wrongs are still being felt today. Psychic and emotional scars can be passed on from
Torres Strait Islander communities have had their shared consciousness permeated by the stress
of living under police surveillance (Hunter, 1993). Anguish, suffering, and grief have been
and current challenges have significantly impacted their well-being. Depression, anxiety, and
PTSD are more prevalent in these communities (Haebich, 2000). Past and present wounds mix to
create a complicated web of agony that spans generations. Furthermore, intergenerational trauma
has damaged Aboriginal and Torres Strait Islander communities' social fabric. Ancestral cruelty
commonly contributes to modern problems like broken families, substance misuse, and domestic
violence (Murrup-Stewart, 2021). The loss of cultural identity and expected behaviours
Furthermore, intergenerational trauma has damaged Aboriginal and Torres Strait Islander
communities' social fabric. Ancestral cruelty commonly contributes to modern problems like
broken families, substance misuse, and domestic violence (Menzies, 2019). The loss of cultural
Undeniably, the trauma experienced by Aboriginal and Torres Strait Islander communities
in Australia has been exacerbated by police policing (Dockery, 2010). These communities' minds
are permanently damaged by centuries of discrimination and injustice. Mental health, social
dynamics, and cultural resilience are just some areas that will be impacted (Dudgeon,2010). It is
essential to promote healing and address the current issues faced by Australia's First Nations
People by acknowledging the complexity of this issue and working toward reconciliation,
particularly those of Aboriginal and Torres Strait Islander descent, has serious repercussions.
6
According to Anthony (2013), indigenous people continue to account for a significantly larger
discover that Native individuals currently represent over 30% of detainees, as indicated by late
insights; There are a few regrettable outcomes of this overrepresentation. Most importantly, it
propagates an endless loop of hindrance since reintegration into society is very hard for those
engaged with the law enforcement framework (Baldry, 2014). Indigenous communities have a
harder time escaping the criminal justice system because of high recidivism rates.
There are numerous negative effects of overrepresentation. People in the criminal justice
system face significant obstacles to reintegration into society, perpetuating a vicious cycle of
disadvantage (Cunneen, 2001). Native Americans have a harder time breaking free from the law
when their recidivism rates are high. This overrepresentation exacerbates the deterioration of
trust between the police and First Nations communities. The local social class struggle to
coordinate in light of the persistent uncertainty caused by the seriousness and tendency of the
police (Tofighian, 2020). As a result, concerns about community safety are more difficult to
Torres Strait Islanders participating in the criminal justice system is not hopeless, even though it
has been a problem for some time. The reasons for overrepresentation have been distinguished,
and endeavours are underway to execute foundational change. A comprehensive strategy that
programs is essential (Blagg, 2005). Addressing the underlying structural inequalities, historical
injustices, and institutional biases is the only way to solve the problem of over-representation.
7
Expanding cops' social awareness is likewise fundamental (Cunneen, 2014). Training that
encourages appreciation, tolerance, and knowledge of Aboriginal and Torres Strait Islander
traditions can reduce the gap and lack of trust between police and Indigenous communities.
Ramifications for people, families, networks, and Society result from the over-portrayal of
Native and Torres Waterway Islander individuals in the Australian law enforcement framework.
Baldry (2013) says that recent figures show how urgent the situation is. A more equitable and just
overrepresentation (Nielsen, 2003). We can work together to repair the strained connections
between law enforcement and Indigenous communities through policy reforms and community-
system. The disproportionate number of Aboriginal and Torres Strait Islander individuals who
end up in prison or jail reflects the pervasive social and economic disadvantages that these
groups confront (Vujcich, 2022). The repercussions of this overrepresentation go far beyond the
A significant fallout is the high rate of Indigenous detainee fatalities. The criminal justice
system has been thrown into the spotlight after inquests into the maltreatment and deaths of
Aboriginal persons in detention revealed widespread flaws and inadequate responses (Cunneen,
2001). The issue was brought to light by the 1987 Royal Commission into Aboriginal Deaths in
Custody, which also made various recommendations to reduce the number of deaths. However,
8
since then, there has been an increase in the frequency of Indigenous people dying in police
custody (Gavrielides, 2018). There have been 540 Indigenous fatalities in detention since the
Royal Commission, says the Australian Institute of Criminology. Approximately 600 children
under 14 are housed annually in youth correctional facilities across Australia. The most affected
are Aboriginal and Torres Strait Islander children, taken to a barbed wire facility, strip-searched
upon entry, given limited access to peers, teachers, and support, and separated from family and
community. Aboriginal and Torres Strait Islander children in Australia accounted for 70% of the
10 to 13-year-old inmates in 2019 (Pha, 2019). The public authority should support children to
flourish in local areas and culture, not isolate them from their families by securing them in
violent penitentiaries.
legitimate criminal system, Australia should change the law to offer children each chance to
succeed. A reasonable strategy is essential to raise the base period of legitimate liability to at
least 14 years could help in this. It has been north of a long time since the Regal Commission
into Native Passings in Guardianship ('the Imperial Commission') gave over its 339 suggestions
pointed toward tending to the unbalanced number of Native individuals biting the dust in care
across Australia. From that point forward, Australia's imprisonment rate has practically
multiplied, from 116 for each 100,000 in 1991 to 221 for each 100,000, and Native individuals
currently contain more than one-fourth of the detainee populace, up from 14% in 1991(Walsh,
2019). According to a 2018 report from the Australian Institute of Criminology, there were 1220
deaths in custody in Australia between 1991/92 and 2014/15 (Ticehurst et al., 2018, p. 38–39).
On March 20, 2021, four Aboriginal individuals died while in custody in Australia. Those initial
9
three First Countries detainees kicked the bucket in six days (Madigan, 2021). All these starts
Indigenous communities' health and welfare suffer from these fatalities, which devastates
the families and communities directly impacted (Dudgeon, 2014). Mental health problems,
substance misuse, and increased susceptibility to chronic diseases are only some harmful health
effects that can follow from the trauma experienced due to these experiences, which can
perpetuate intergenerational trauma. Loss of faith in the judicial system compounds Indigenous
Furthermore, there are direct consequences for the health and well-being of Aboriginal
and Torres Strait Islander people due to their overrepresentation in the criminal justice system
(Henderson, 2014). When people are incarcerated, it can be difficult for them to reconnect with
friends and family, find stable employment, or gain access to necessary social assistance (Hunt,
2013). A person's chances of breaking the cycle of disadvantage and regaining their footing in
Society are diminished when they are not provided with sufficient resources and support during
While Indigenous people's deaths and adverse health effects while in detention remain a
severe and systemic concern, they are not hopeless. Many people and groups are trying to fix
these structural problems, this includes grassroots activists, government officials, and Indigenous
community leaders (Howitt, 2001). Real change will only come if Aboriginal and Torres Strait
Islander people's cultural rights are respected and included in finding answers.
To meet these obstacles, we need far-reaching reforms that target the criminal justice
system and the root causes of health and poverty inequalities (Kelly, 2009); this includes tackling
10
cultural norms. As per Porter (2016), a more fair and just system can be created that considers
Australia's First Nations' rights and well-being through encouraging restorative justice
Over the past two centuries, police have had a tense relationship with Australia's First
Nations People due to their policing of Aboriginal and Torres Strait Islander communities. Such
occurrences have led to adverse health and welfare outcomes and the transmission of trauma
over generations. It is crucial to determine if these bonds are beyond repair or if there are ways to
build trust and improve communication (Allard, 2011). Successful policing strategies in other
countries and how they deal with similar difficulties can help us better understand and address
Throughout Australia, efforts are being made to improve relations between police and
Aboriginal people by increasing mutual trust and respect (Stubbs, 2011). These actions show
dedication to repairing the rifts in these relationships caused by past wrongs and inequality.
improve relations between police and Aboriginal communities (Cunneen, 2016). These initiatives
seek to eliminate barriers, improve lines of communication, and foster mutually respectful
relationships. Police officers can build trust and mutual understanding with the people they serve
11
by participating in community events, youth outreach programs, and cultural exchanges with
those residents.
In recent years, cultural sensitivity training for police officers has emerged as a top
priority for departments. These courses aim to familiarise law enforcement personnel with the
rich heritage of Australia's Aboriginal and Torres Strait Islander communities (Chrismas, 2012).
Police officers can better serve Aboriginal communities and foster positive relationships with
them if they have a deeper awareness of and respect for Indigenous customs.
Specialized positions, such as Aboriginal Liaison Officers, have been created by some
police departments. These officers bridge the gap between the police and Aboriginal
(Nindyatmoko, 2022). They are essential for breaking down barriers, resolving community
issues, and ensuring the police department respects Aboriginal people's viewpoints and needs.
between law enforcement and Indigenous groups (Cesaroni, 2019). Through these collaborations,
we can address the needs and concerns of the local Indigenous community by working directly
with local Indigenous organizations, elders, and community leaders. The police may ensure their
Aboriginal organizations.
While these measures do reflect progress, there are still obstacles to overcome.
Challenges include resolving longstanding animosities, overcoming mistrust, and keeping the
momentum going over the long haul (Nettelbeck, 2010). The success of these initiatives can be
gauged and tweaked with consistent evaluation and input from the local populace. Through
12
ongoing assessment of these initiative’s successes and failures, law enforcement may better tailor
their strategies to the changing requirements of Aboriginal communities and strengthen their
Current attempts in Australia are centered on working with locals, educating the public,
creating jobs for Aboriginal liaison officers, and forming alliances with other Indigenous groups
(Cunneen, 2017). Understanding, trust, and respect are the building blocks for mending the rift
between police and Aboriginal people. While some advancement has been made, there is still
much work to be done in evaluating and collaborating to find solutions to problems and ensure
the beneficial effects of these projects last (Goldsmith, 2005). Mutual trust, cooperation, and
shared responsibility for making communities safer and more welcoming for all can be built
between police agencies and Aboriginal communities in the future through collaborative efforts
(Dockery, 2010). However, to attain unity, it is essential to have a global view of the issue and
Australia's government could benefit from evaluating the methods used by other
countries to foster better relations between police and underserved communities so that they can
Building trust and working with Maori communities is a top priority for the New Zealand
Police, who have developed community policing approaches. Their strategy is to recruit Maori
officers, promote cultural competence through training, and actively incorporate community
people in problem-solving projects (Uslaner, 2012). As a result of these initiatives, crime rates
have dropped dramatically, and trust between the police and the Maori community has grown.
13
Together with Indigenous communities, the Royal Canadian Mounted Police (RCMP) has
launched restorative justice initiatives at the community level (Chan, 2003). These initiatives
promote culturally appropriate healing, reintegration, and conflict resolution. The RCMP's
approach to police has become more inclusive and effective due to its members consulting with
Some police forces in the United States have adopted "community policing" strategies,
emphasizing establishing rapport and trust with locals through frequent contact. To enhance
effective and respectful engagement with Native American communities, certain agencies have
implemented cultural competency training and partnered with Indigenous organizations. These
initiatives are geared towards mending fences and opening lines of communication between
Norway's policing strategy, which includes efforts with the indigenous Sami people, is
community-based and holistic (Braithwaite, 1998). The Norwegian police force has developed
strong relations with the Sami community, including full participation in policymaking and the
hiring of Sami police personnel who are fluent in the Sami language and culture. Because of this,
reestablished despite the long history of friction and disparity between Aboriginal communities
and the police in Australia (Stephenson, 2007). Australian law enforcement can learn from the
best practices of other countries, such as New Zealand, Canada, the United States, and Norway,
and implement these proven methods to improve relations with Aboriginal and Torres Strait
justice initiatives, and substantive relationships with Indigenous groups all fall under this
category of tactics. Australian law enforcement may begin a life-changing journey towards
creating a safer, more respected, and trustworthy environment for Indigenous communities via
sustained engagement, empathy, and responsibility (Brown, 2002). A future where Aboriginal
and Torres Strait Islander peoples feel cherished and protected by law enforcement is feasible via
Although historical injustices and systemic biases have marred the relationship between
Aboriginal and Torres Strait Islander communities and the police in Australia, it is not beyond
repair. The foundations for rebuilding trust can be laid through engaging strategies like
vision for a more evenhanded future that the connection between these networks and the police
can be changed. They can work together to build a society where people respect, understand each
other, and get what they want, making Australia stronger and better for future generations.
Ultimately, it might take a long time to fix the relationship between the police and the Aboriginal
and Torres Strait Islander communities. Supported endeavors, progressing cooperation, and a real
readiness to gain from previous mishaps are central internally and from other countries.
Continuous evaluation and improvement are essential for both the police and communities to
ensure progress and the growth of trust. While the errand ahead might be testing, the potential for
positive change is unquestionable. A future where the police and Aboriginal and Torres Strait
Islander communities stand side by side, united in trust and shared goals, is within reach if
everyone embraces the principles of understanding, empathy, and equity. Dedication, resiliency,
and unwavering commitment from all parties involved will be necessary for repair. Australians
15
can create a society that values the diverse cultures and voices of Australia's First Nations by
References
Atkinson, J. (2002). Trauma trails, recreating song lines: The transgenerational effects of trauma
Australian Human Rights Commission. (2014). Equal before the law: Towards disability justice
strategies.
Baldry, E. (2014). Disability at the margins: Limits of the law. Griffith Law Review, 23(3), 370–
388.
Baldry, E., Clarence, M., Dowse, L., & Trollor, J. (2013). Reducing vulnerability to harm in
adults with cognitive disabilities in the Australian criminal justice system. Journal of
Behrendt, L., Cunneen, C., & Libesman, T. (2008). Indigenous legal relations in Australia.
Blagg, H., Morgan, N., Cunneen, C., & Ferrante, A. (2005). Systemic racism as a factor in the
Brown, B., & Reed Benedict, W. (2002). Perceptions of the police: Past findings, methodological
Cesaroni, C., Grol, C., & Fredericks, K. (2019). Overrepresentation of Indigenous youth in
Canada's criminal justice system: Perspectives of Indigenous young people. Australian &
Chan, J. B., Devery, C., & Doran, S. (2003). Fair cop: Learning the art of policing. University of
Toronto Press.
Chrismas, R. (2012). The people are the police: Building trust with Aboriginal communities in
Cunneen, C. (2001). Conflict, politics, and crime: Aboriginal communities and the police Allen
and Unwin.
Cunneen, C. (2001). Conflict, politics, and crime: Aboriginal communities and the police Allen
and Unwin.
Cunneen, C. (2014). Colonial processes, Indigenous peoples, and criminal justice systems.
Cunneen, C. (2016). Indigenous peoples and rural criminology. The Routledge international
Cunneen, C., & Porter, A. (2017). Indigenous Peoples and criminal Justice in Australia. The
Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice, 667-
682.
Dockery, A. M. (2010). Culture and wellbeing: The case of Indigenous Australians. Social
Dockery, A. M. (2010). Culture and wellbeing: The case of Indigenous Australians. Social
Douglas, H., & Fitzgerald, R. (2018). The domestic violence protection order system is entry to
the criminal justice system for Aboriginal and Torres Strait Islander people—
International Journal for Crime, Justice and Social Democracy, 7(3), 41.
Dudgeon, P., Milroy, H., & Walker, R. (2014). Working together: Aboriginal and Torres Strait
Islander mental health and wellbeing principles and practice. Telethon Kids Institute,
Kulunga Aboriginal Research Development Unit, Department of the Prime Minister and
Cabinet (Australia).
Dudgeon, P., Wright, M., Paradies, Y., Garvey, D., & Walker, I. (2010). The social, cultural, and
historical context of Aboriginal and Torres Strait Islander Australians. Working together:
Aboriginal and Torres Strait Islander mental health and wellbeing principles and practice,
pp. 25–42.
Dudgeon, P., Wright, M., Paradies, Y., Garvey, D., & Walker, I. (2010). The social, cultural, and
historical context of Aboriginal and Torres Strait Islander Australians. Working together:
Aboriginal and Torres Strait Islander mental health and wellbeing principles and practice,
pp. 25–42.
Furniss, E. (2017). Challenging the myth of indigenous peoples’ last stand in Canada and
Routledge.
Goldsmith, A. (2005). Police reform and the problem of trust. Theoretical criminology, 9(4),
443–470.
19
Haebich, A. (1988). For Their Own Good, Aborigines and Government in the Southwest of
Henderson, G., Robson, C., Cox, L., Dukes, C., Tsey, K., & Haswell, M. (2007). The social and
emotional well-being of Aboriginal and Torres Strait Islander people within the broader
Hunt, J. (2013). Engaging with Indigenous Australia-exploring the conditions for effective
Hunter, E. (1993). Aboriginal health and history: Power and prejudice in remote Australia.
Kelly, K., Dudgeon, P., Gee, G., & Glaskin, B. (2009). Living on the edge: Social and emotional
well-being and risk and protective factors for severe psychological distress among
Aboriginal and Torres Strait Islander people. Darwin: Cooperative Research Centre for
Aboriginal Health.
Little, S., Stewart, A., & Ryan, N. (2018). Restorative justice conferencing: Not a panacea for the
4090.
Madigan, M. (2021). Four Aboriginal deaths in custody this March. Eureka Street, 31(5), 7-9.
Mazerolle, L., Marchetti, E., & Lindsay, A. (2003). Policing the plight of indigenous Australians:
Past conflicts and present challenges. Police and Society, pp. 7, 77–104.
McMillan, M., & Rigney, S. (2018). Race, reconciliation, and Justice in Australia: From denial
Murrup-Stewart, C., Whyman, T., Jobson, L., & Adams, K. (2021). Understanding culture: The
voices of urban Aboriginal young people. Journal of Youth Studies, 24(10), 1308–1325.
Nettelbeck, A., & Smandych, R. (2010). Policing Indigenous peoples on two colonial frontiers:
Australia's mounted police and Canada's northwest mounted police. Australian & New
Nettelbeck, A., Smandych, R., Knafla, L. A., & Foster, R. (2016). Fragile settlements:
Aboriginal peoples, law, and resistance in Southwest Australia and Prairie Canada. UBC
Press.
Nielsen, M. O., & Robyn, L. (2003). Colonialism and Criminal Justice for Indigenous peoples in
Nindyatmoko, A., Setyowati, K., & Haryanti, R. H. (2022). Collaboration after conflict: A lesson
Pha, A. (2023). Criminalising children: A policy of racism and genocide. Guardian (Sydney),
(2044), 1-2.
Raphael, B., Swan, P., & Martinek, N. (1998). Intergenerational aspects of trauma for Australian
339.
Stanley, C., & Mundine, K. (2022). From Trauma to Healing. Survivor Criminology: A Radical
Stephenson, P. (2007). The outsiders within telling Australia's Indigenous-Asian story. UNSW
Press.
Stubbs, J. (2011). Indigenous women in Australian criminal Justice: over-represented but rarely
Ticehurst, A., Napier, S., & Bricknell, S. (2018). National Deaths in Custody Program: Deaths in
Tofighian, O. (2020). We are introducing Manus prison theory: Knowing border violence.
Uslaner, E. M. (2012). Segregation and mistrust: Diversity, isolation, and social cohesion.
Vujcich, D., & Roberts, M. (2022). The search for evidence in Indigenous health intervention
research: Shifting the debate. Health Promotion Journal of Australia: Official Journal of
Walsh, T., & Counter, A. (2019). Deaths in custody in Australia: a quantitative analysis of